법학박사 신 호 진…… 형 법 총 론……
[1] 죄형법정주의···································································································· 3
1. 위헌결정의 소급효 (大判 2021도14878)································································ 3
2. 죄형법정주의에 맞는 형벌법규의 해석원칙 (大判 2022도7290)································· 6
3. 확장해석금지의 원칙 (大判 2019도16782)····························································· 8
[2] 형법의 시간적 적용범위··················································································· 10
4. 포괄일죄의 신설과 소급효 (大判 2022도10660)···················································· 10
5. 형법 제1조 제2항과‘동기설’의 폐기 (大判 2020도16420, 전원합의체 판결)············ 12
6. 형법 제1조 제2항의 적용요건 (大判 2022도4610)················································ 17
[3] 행위의 주체와 객체························································································· 19
7. 대표자가 법규위반행위를 한 경우 법인처벌의 근거 (大判 2021도701)····················· 19
[4] 인과관계와 객관적 귀속··················································································· 20
8. 실화죄와 이중적 인과관계 (大判 2022도16120)···················································· 20
[5] 과실범··········································································································· 22
9. 의료사고에서 의사에게 업무상과실치사상죄를 인정하기 위한 요건 (大判 2022도11163)················································································································ 22
10. 수직적 분업과 신뢰의 원칙 (大判 2022도1499)·················································· 24
11. 신뢰의 원칙의 적용한계 (大判 2022도1401)<미간행>········································ 27
[6] 정당방위········································································································ 29
12. 정당방위에서 침해의 현재성 판단 (大判 2020도6874)········································· 29
[7] 정당행위········································································································ 31
13. 근로자의 쟁의행위가 정당행위가 되기 위한 요건 (大判 2019도10516)·················· 31
[8] 정범·공범의 일반이론······················································································· 32
14. 대향범과 방조범의 성립여부 (大判 2020도7866)················································· 32
[9] 종 범············································································································· 34
15. 종범의 성립요건 (大判 2022도649)<미간행>····················································· 34
16. 목적범에 대한 방조범의 성립요건 (大判 2020도12563)······································· 35
[10] 공범과 신분·································································································· 37
17. 간호사의 행위가 무면허 의료행위인가의 판단기준 (大判 2017도10007)················· 37
[11] 일 죄··········································································································· 39
18. 도로교통법상 무면허운전죄의 죄수판단의 기준 (大判 2021도17110)<미간행>······· 39
19. 포괄일죄와 공소사실의 동일성 판단 (大判 2022도8806)······································ 40
[12] 형벌의 종류·································································································· 42
20. 몰수·추징과 불고불리의 원칙 (大判 2022도8592)················································ 42
21. 몰수·추징과 불고불리의 원칙 (大判 2022도8662)················································ 44
[13] 누 범··········································································································· 46
22. 특정범죄가중법 제5조의4 제5항에서‘징역형을 받은 경우’의 의미 (大判 2020도13705)················································································································ 46
[14] 형의 시효·소멸·기간······················································································· 48
23. 추징형 시효중단의 효력 (大決 2021모3227)······················································· 48
…… 형 법 각 론……
[1] 과실치사상의 죄······························································································ 50
1. 업무상과실치상죄에서의 주의의무의 내용 (大判 2022도11950)······························· 50
[2] 협박의 죄······································································································· 52
2. 협박죄에서 고지된 해악의 내용 (大判 2022도9187)·············································· 52
[3] 강간과 추행의 죄···························································································· 54
3. 촬영물의‘공공연한 전시’의 의미 (大判 2022도1683)············································ 54
4. 아동에 대한 성적 학대행위인가의 판단기준 (大判 2020도12419)···························· 55
5. 주거침입강제추행죄에 대한 위헌결정 (大判 2023도162)········································ 57
6. 위계에 의한 간음죄에서 오인·착각·부지의 대상 (大判 2021도9041)<미간행>·········· 58
[4] 명예에 관한 죄······························································································· 59
7. 명예훼손죄와 모욕죄에서의 공연성과 고의의 내용 (大判 2020도8336)···················· 59
8. 명예훼손죄에서‘사실 적시’의 의미와 판단기준 (大判 2020도15642)······················· 61
9. 명예훼손죄의 성립요건 (大判 2021도1089)<미간행>············································ 63
10. 형법 제310조의 적용요건 (大判 2022도13425)··················································· 64
11. 형법 제310조의 적용요건 (大判 2021도10827)<미간행>···································· 66
12. 형법 제310조의 적용요건 (大判 2020도8421)<미간행>······································ 68
13.‘비방의 목적’과‘공공의 이익을 위한 것’의 관계 (大判 2022도4171)····················· 70
14. 모욕죄에서 추상적 판단 표현의 정도 (大判 2022도4719)····································· 72
15. 모욕죄에서‘모욕’의 의미 (大判 2019도7370)····················································· 73
16. 표현의 자유와 명예보호가 충돌하는 경우 모욕죄의 성립여부의 판단방법 (大判 2017도19229)················································································································ 75
17. 모욕과 사회상규에 위배되지 않는 행위 (大判 2019도14421)································ 77
18. 모욕과 사회상규에 위배되지 않는 행위 (大判 2020도16897)································ 78
[5] 신용·업무·경매에 관한 죄················································································· 80
19. 집행관의 강제집행의 업무성 여부 (大判 2020도34)············································· 80
20. 업무의 보호가치 (大判 2021도16482)······························································· 81
21. 업무방해죄에서‘위계’의 의미 (大判 2021도15246)<미간행>······························· 83
22. 주거침입죄에서‘침입’의 의미와 업무방해죄에서‘위력’의 의미 (大判 2021도9055)· 84
23. 업무방해죄에서‘위력’의 의미 (大判 2019도7446)··············································· 86
24. 컴퓨터등장애업무방해죄의 성립여부 등 (大判 2021도1533)·································· 88
[6] 비밀침해의 죄································································································· 90
25. 전자기록 등 내용탐지죄의 객체 (大判 2021도8900)<미간행>······························ 90
[7] 주거침입의 죄································································································· 92
26. 주거침입죄에서 침입행위인가의 판단기준 (大判 2022도419)<미간행>·················· 92
27. 주거침입죄에서 침입행위인가의 판단기준 (大判 2021도7087)<미간행>················ 93
28. 주거침입죄에서 침입행위인가의 판단기준 (大判 2022도1717)<미간행>················ 94
29. 주거침입죄에서 침입행위인가의 판단기준 (大判 2022도1272, 2022전도9)<미간행>······················································································································ 96
[8] 절도의 죄······································································································· 97
30. 야간건조물침입절도죄의 성립 여부 (大判 2022도5659)<미간행>························· 97
[9] 사기의 죄······································································································· 98
31. 도급계약 등이 행정법규 등을 위반한 경우 사기죄의 성립 여부 (大判 2017도14104)················································································································ 98
32. 절취와 사취의 구별기준 (大判 2022도12494)··················································· 100
33. 소송사기의 성립요건 (大判 2022도1227)························································· 102
34. 기망하여 취득한 신용카드 사용의 의미 (大判 2022도10629)······························ 104
[10] 횡령의 죄··································································································· 105
35. 횡령죄에서 위탁관계의 의미 (大判 2017도21286)············································· 105
36. 채권양도인의 지위 (大判 2017도3829, 전원합의체 판결)··································· 107
37.‘반환의 거부’가 횡령죄를 구성하기 위한 요건 (大判 2021도2088)······················· 111
[11] 배임의 죄··································································································· 113
38. 채무자의 양도담보 목적물 보관 등 의무의 성격 (大判 2020도8682, 전원합의체 판결)····················································································································· 113
39. 자료 무단반출시 업무상배임죄의 성립을 위한 자료의 성격 (大判 2018도4794)····· 115
40. 신주인수권부사채의 인수대금이 납입되지 않은 경우 (大判 2022도3784)<미간행>···················································································································· 117
41. 배임죄에서 재산상 손해의 의미 (大判 2018도13604)········································· 118
42. 대표권을 남용하여 약속어음을 발행한 경우 배임죄의 기수시기 (大判 2021도8833)<미간행>············································································································ 120
43. 배임죄에서‘재산상 이익 취득’과‘재산상 손해 발생’의 관계 (大判 2022도3717)<미간행>···················································································································· 122
[12] 손괴의 죄··································································································· 123
44. 재물손괴죄와 영득죄의 구별기준 (大判 2022도1410)········································· 123
[13] 권리행사를 방해하는 죄··············································································· 124
45. 권리행사방해죄의 주체 및 객체 (大判 2022도5827)<미간행>···························· 124
46. 권리행사방해죄의 죄수 (大判 2021도16876)<미간행>······································ 125
[14] 공안을 해하는 죄························································································ 126
47. 범죄단체 구성·활동죄와 개별범죄의 관계 (大判 2022도6993)····························· 126
[15] 문서에 관한 죄··························································································· 128
48. 자격
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